1. Field of Invention
The present invention is directed to systems and methods for facilitating an employer's compliance with employment laws having varying requirements. More specifically, without limitation, the present invention relates to computer-based systems and methods for use by an employer through its agents in facilitating, reviewing, evaluation and/or establishing compliance with employment laws.
2. Description of Related Art
The Internet is a global network of connected computer networks. Over the last several years, the Internet has grown in significant measure. A large number of computers on the Internet provide information in various forms. Anyone with a computer connected to the Internet can potentially tap into this vast pool of information.
The most wide spread method of providing information over the Internet is via the World Wide Web (the Web). The Web consists of a subset of the computers connected to the Internet; the computers in this subset run Hypertext Transfer Protocol (HTTP) servers (Web servers). The information available via the Internet also encompasses information available via other types of information servers such as GOPHER, WAIS, SMTP (simple mail transfer protocol), POP3 (Post Office Protocol) and FTP (file transfer protocol).
Information on the Internet can be accessed through the use of a Uniform Resource Locator (URL). A URL uniquely specifies the location of a particular piece of information on the Internet. A URL will typically be composed of several components. The first component typically designates the protocol by which the address piece of information is accessed (e.g., HTTP, GOPHER, etc.). This first component is separated from the remainder of the URL by a colon (‘:’). The remainder of the URL will depend upon the protocol component. Typically, the remainder designates a computer on the Internet by name, or by IP number, as well as a more specific designation of the location of the resource on the designated computer. For instance, a typical URL for an HTTP resource might be:
http://www.server.com/dir1/dir2/resource.htm
where http is the protocol, www.server.com is the designated computer and /dir1/dir2/resouce.htm designates the location of the resource on the designated computer.
Web servers host information in the form of Web pages; collectively the server and the information hosted are referred to as a Web site. A significant number of Web pages are encoded using the Hypertext Markup Language (HTML) although other encodings using the eXtensible Markup Language (XML) or the Standard Generic Markup Language (SGML) are becoming increasingly more common. The published specifications for these languages are incorporated by reference herein. Web pages in these formatting languages may include links to other Web pages on the same Web site or another. As will be known to those skilled in the art, Web pages may be generated dynamically by a server by integrating a variety of elements into a formatted page prior to transmission to a Web client. Web servers, and information servers of other types, await requests for the information from Internet clients.
Client software has evolved that allows users of computers connected to the Internet to access this information. Advanced clients such as Netscape's Navigator and Microsoft's Internet Explorer allow users to access software provided via a variety of information servers in a unified client environment. Typically, such client software is referred to as browser software.
The foregoing information regarding the Internet and World Wide Web is provided as background with respect to Web-based embodiments of the present invention. As such, the present invention is not necessarily limited to such embodiments but may encompass other delivery vehicles/communication channels now known or subsequently discovered as further described below.
Computer and telecommunications technologies provide an unprecedented ability to custom tailor content to the demands of particular users. Computerized environments have been developed to aid in compliance with legal requirements such as compliance with registration and taxation requirements (see, e.g., U.S. Pat. No. 5,623,403 to Highbloom) and chemical control laws (see, e.g., U.S. Pat. No. 6,122,622 to Wiitala et al.). The present invention utilizes these technologies to create, manage and deliver content, particularly materials, often interactive, to facilitate compliance with employment laws.
Employers are subject to a wide variety of laws governing workplace behavior and the employment relationship. In the United States, for example, such laws include at the federal level: Title VII of the Civil Rights Act of 1964 (Title VII), The Age Discrimination in Employment Act (ADEA), The Americans with Disabilities Act (ADA), The Fair Labor Standards Act (FLSA), The Family and Medical Leave Act (FMLA), The Occupational Safety and Health Act (OSHA), the Worker Adjustment and Retraining Notification Act (WARN), and the Older Workers Benefit and Protection Act (OWBPA).                Title VII—Prohibits discrimination in employment on the basis of race, color, sex (including pregnancy), national origin or religion. “Discrimination” includes harassment on these bases. Title VII also prohibits retaliation against employees who make a complaint or participate in a proceeding covered by Title VII.        ADEA—Prohibits discrimination on the basis of age. Also prohibits harassment and retaliation (see Title VII).        ADA—Prohibits discrimination in employment on the basis of disability. Employers have an obligation to provide a reasonable accommodation to disabled applicants or employees.        FLSA—Requires employers to pay employees a minimum hourly wage and to pay time and a half the regular hourly rate for hours worked in excess of forty per week. There are limited exemptions to these requirements for so-called “white collar” workers and other specific types of jobs.        FMLA—Gives job protection to eligible employees who take leave because of their own or a close family member's serious medical condition, or for the birth or placement by adoption of a child.        OSHA—Imposes a duty on employers to maintain a safe workplace.        WARN—Requires employers to give workers 60 days' notice of a plant closing or mass layoff resulting in at least a certain specified number of employment losses.        OWBPA—Requires waivers of claims obtained from employees over 40 to conform to certain requirements regarding content, and time for consideration and revocation.        
Over the last twenty years the number and complexity of employment laws has increased, and the task of translating these changing legal standards into practice has become more difficult. At the same time, the risks of non-compliance have grown. The number of employment-related lawsuits and the size and frequency of awards to plaintiffs have increased tremendously, especially in the United States, presenting not only substantial financial exposure, but also the risk of adverse public reaction, and worsened employee relations. Even when an employer avoids litigation, it pays a high price for failing to attract and retain the best employees. Finally, employers face an enormous administrative challenge in maintaining the appropriate records to demonstrate compliance.
Employers currently look to a variety of sources in meeting the employment compliance challenge. They may turn to outside attorneys or human resources consultants. The high cost of outside counsel and consultants often means assistance is not sought until after non-compliance has caused a problem. Moreover, the hourly billing model most often employed encourages the expensive re-creation of a “unique” solution each time for each client.
Training has long been acknowledged as an important tool in assuring legal compliance. However, classroom training is expensive, disruptive, and often ineffective in changing behavior. The cost of developing an in-house training program is high, and the necessary expertise may not be available. With the technological advances described above, e-learning companies have emerged, offering computerized training modules on a limited range of employment compliance topics. However, these programs are not usually tailored to the needs and characteristics of a particular employer, and may not be current with the latest legal developments. In any event, training alone, no matter how good the content or efficient the means of delivery, has limited effect in ensuring and tracking compliance on a day-to-day basis.
In contrast to either ad hoc compliance advice from outside consultants or occasional compliance training (classroom or computer), the present invention presents the appropriate employment law compliance information to employees, managers and human resources professionals at the appropriate time. The invention guides managers and human resources professionals in making employment decisions and taking employment actions, as the events requiring a compliant response actually occur. The appropriate manager or HR professional then, through a series of interactions with the computer, is led step-by-step to take legally compliant action. The present invention allows for updating the content promptly to reflect legal or business developments. Finally, the invention allows a complete record of activity to be maintained, to enable the employer to evaluate results, and to demonstrate compliance, if an employment action is later challenged. Through computer technology, the present invention thus offers a cost-effective way to ensure employment compliance consistently throughout an organization.